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Terms & Conditions and Procedure to be followed

Terms /Conditions & Procedure

This webpage is produced by RPAH and the RPAH has taken reasonable care in the preparation of this webpage and the information provided herein. This webpage may contain "forward-looking" information and is based upon certain assumptions about future events or conditions and is intended only to illustrate hypothetical results under those assumptions (not all of which will be specified herein). Actual events or conditions may not be consistent with, and may differ materially from, those assumed. In addition, not all relevant events or conditions may have been considered in developing such assumptions. Herein below are set out RPAH General Terms and Conditions of Assignment which will apply to the work carried out by RPAH. The General Terms and Conditions of Assignment and the Confirmation of Assignment collectively constitute the agreed conditions for the performance of our services. The RPAH reserves the right to amend, or add to, these Terms and Conditions and/or the Schedule of Charges.

1. Applicability

1.1. These General conditions apply to every offer, price specification assignment confirmation and every agreement between RPAH, hereafter called RPAH, and a Client, insofar as the parties have not expressly agreed contrary conditions in writing.

1.2. The general assignments accepted by the RPAH are Packing, Unpacking, Assaying / Testing, Airborne/Vehicle Borne and portable hand held detection of radioactive source, Legal Declaration/Registration, Regulatory Approvals, Monetization & Auction. The offered assignment charges apply to every offer, price specification assignment confirmation and every agreement between RPAH, hereafter called RPAH, and a Client, insofar as the parties have not expressly agreed contrary conditions in writing.

2. Offers and assignments

2.1. An offer made by RPAH is only valid during a period of agreed days after the date set out on the offer, unless another term is set out in the offer. All offers are non-binding.

2.2. An agreement will only be established between RPAH and the Client by written confirmation by RPAH of the assignment undertaken. Verbal assurances by and verbal agreements with authorized representative, employees and/or subordinates of RPAH do not bind RPAH.

2.3. Changes, additions to and / or expansion of the agreement for  the assignments of compliance issues will only be made in writing.

2.4. Contrary to the above, agreements for the carrying out of additional work can be made verbally. RPAH is also entitled to separately charge for additional work it has carried out if it reasonably considers the carrying out of such work necessary for the performance of the agreement. RPAH will immediately inform the Client of such unforeseen costs. The applicability of the provisions of local laws are excluded insofar as possible.

3. Performance of work

3.1. RPAH undertakes to carry out the assignment (s) given to the best of its abilities.

3.2. The assaying results provided by RPAH are exclusively intended for the registration with the regulatory body.

3.3. RPAH will carry out the assignment promptly, with reasonable efforts and care and in accordance with such requirements as the parties may agree in writing. RPAH shall use its best endeavors to ensure that its assignments and all data, information and other details and material produced by RPAH for the Client under the agreement will comply with all relevant regulations and codes of practice as may be supplemented or amended from time to time.

3.4. Unless the contrary has been agreed for separate remuneration, the samples received by RPAH for assaying will be stored for 1 week after reporting the assaying results. After this time the samples will be destroyed or removed, at the expense of the Client.

4. Prices

4.1. Unless otherwise stated, all prices indicated by RPAH are in USD’s, and are exclusive of applicable tax and levies.

4.2. In the event of a long-term duration assignment RPAH has the right to increase the agreed prices in the event of an increase of the costs of cost price components, even if fixed prices have been agreed upon. RPAH will immediately inform the Client of such a fact.

4.3. The indicated prices do not encompass, unless otherwise stated, the expenditure for work carried out by third parties. Such expenditure will be charged to the Client separately.

5. Reporting

5.1. RPAH will report on the results of the technical assaying carried out by it by means of a written report, which meets the requirements which may be set for a report drawn up by a reasonably authorized person. The Client has no right to use this report, subject to the provisions of Article 6. This report will be provided as per the agreed time after RPAH has completed its analyses and assaying.

6. Industrial and intellectual property and publication

6.1. The Client remains at all times the party entitled to the samples (of source material), the compound or object, the production of the compound or object and the know-how regarding (the effects of) the compound or object provided by the Client to RPAH, hereinafter together referred to as the Client Know-How, unless it has become public knowledge through no fault of RPAH. All data, except all validation data and all control data, created by RPAH in the course of the agreement shall belong to the Client absolutely. All validation data and all control data shall belong to RPAH absolutely, but shall be made available to the Client with a limitation.

6.2. RPAH remains at all times the party entitled to the test methods, models, technologies, devices, and systems used and/or developed by RPAH, hereinafter together referred to as RPAH Know-How, unless it has become public knowledge through no fault of the Client.

6.3. In case RPAH develops any improvement on the Client Know-How it shall promptly and fully communicate to the Client this improvement. The Client shall be deemed to be the owner of this new know-how. Nevertheless, the Client herewith grants to RPAH a non-exclusive irrevocable royalty free license to use and exploit the improvements insofar the use and exploitation is possible without the use of the Client Know-How.

6.4. In case the Client develops any improvement on the RPAH Know-How, it shall promptly and fully communicate to RPAH this improvement. RPAH shall be deemed to be the owner of this new know-how.

6.5. Notwithstanding provisions 6.1 till 6.4 RPAH remains at all times the owner/party entitled to the offer, specifications and reports etc., in any form and of any nature whatsoever, developed by RPAH which were made or provided in the framework of the offer or the agreement, even if costs will or have already been charged therefore. RPAH is deemed to be the party entitled to all rights of intellectual property, even if these rights arose in the framework of the agreement.

6.6. With the exception of the assaying results, the Client is bound by a duty of confidentiality with regard to all information relating to the working methods of RPAH and (the contents of) all goods and rights referred to in Paragraph 6.2 as well as all other know-how and trade information in the broadest sense, deriving from RPAH, which has come to the attention of the Client in the framework of the agreement. The Client will not use the information referred to in Paragraphs 3.5, 6.5 and 6.6 for any other purpose than the purpose of inspection for which it is provided.

6.7. The Client is not entitled to make this report public and recommendations provided by RPAH, on condition that all side- and footnotes are quoted as well, if RPAH is stated to be the author of the report. In case the report is not published entirely and RPAH is stated to be the author of the report, the Client shall ensure that it is clear that client will maintain it as complete confidential. In case the report is made public, the Client shall indemnify and hold harmless RPAH against any and all claims and costs related to the consequences of such revelation.

7. RPAH’s duty of confidentiality

7.1. RPAH and the client will keep the know-how, meant in article 6.1, the results of analyses and measurements strictly confidential.

7.2. RPAH shall ensure that its authorized representative also observe this duty of confidentiality. The confidentiality obligation does not apply to information which is used for the regulatory body which is being submitted for the purpose of registration purpose without breaching a confidentiality agreement. The confidentiality obligation will continue after termination of the Agreement. It will not end at any point of time and insofar as the confidential information has demonstrably been made known to the third party by the regulatory body.

7.3. RPAH is entitled to engage auxiliary staff in the performance of the work, subject to the obligation to make such third parties subject to the duty of confidentiality referred to in Paragraph 1 of this article.

8. Performance time

8.1. The term for performance for agreed  days which commences on the latter of the following dates:

– the day the agreement is entered into;

– the day that the Client has provided RPAH with all the information, data, materials and other items that RPAH requires for performance;

– the day of receipt of the  full payment towards the entrusted assignment.

8.2. In view of the nature of the work, the performance time can only be indicated on the basis of entrusted assignment or assignments.

9. Payment

9.1. Payment will be made without deduction within the agreed date from the date of the payment of arrangement fee. Disputes about the agreed payment will not lead to suspension of the payment obligation. In the event that the Client fails to make payment within the stipulated term, RPAH is entitled to charge additional administrative costs.

9.2. All payments should be made by demand draft in favor of Royal Pentagon Auction House. Any cash payment made to the RPAH authorized person, the client must obtain the receipt of the same. Only the country head is authorized to receive the cash payment. The payments so made include all payments to third parties engaged for the execution of the measures in question plus all expenses incurred by RPAH within its own organization which can reasonably be assumed to originate in the aforementioned measures..

9.3. In the event RPAH has good grounds to fear that the Client will not be able to meet its financial obligations, RPAH has the right to cancel the assignment and amount paid will not be refunded.

10. Guarantee

10.1. In the event that first assignment of assaying is completed with a positive result, and other accepted assignments are not completed or any part of the reports and recommendations drawn up by RPAH are incorrect, exclusively or predominantly as a direct consequence of demonstrable mistakes by RPAH, which RPAH as a reasonably expertise, and taking into account the state of technology, should not have made, then during performance time and after completion of the carrying out of the assignments, RPAH will draw up the reports and recommendations in question or carry out the assignments in question again, free of charge.

11. Liability

11.1. A claim under the guarantee referred to in article 10 lapses in the event that:

– a complaint has not been lodged in writing by registered email within five working days after the error in question has been discovered;

RPAH was not allowed to immediately investigate the complaints and to fulfill its guarantee obligations;

– the Client has failed to perform any material obligation to which it is subject or has not performed such adequately or in time;

– the errors are partly the result of wrongful and/or incorrect acts on the part of the Client.

11.2. The liability of RPAH is at all times limited to the invoice amount owing for the activities from which the liability arises, or – in case this amount is lower – to the amount of the insurance benefit which will be paid by the insurance company of RPAH to RPAH in this particular case if the insurance is done.

11.3. RPAH is not liable for damages suffered by the Client or third parties related to the activities of RPAH, unless the damages are attributable to gross negligence or intent on the part of RPAH.

11.4. RPAH is in any event never liable for consequential loss or indirect loss of the Client or third parties..

11.5. RPAH is not liable for damages suffered by the Client or third parties resulting from loss and/or damage of the assaying material provided or to be provided to RPAH for assaying.

11.6. RPAH is not liable for use by the Client of the data generated by RPAH with respect or related to any samples or objects send in for assaying, nor for any other use by the Client of the data generated by RPAH, other than the direct and communicated purpose of the assaying.

11.7  RPAH is not liable if the onsite assaying location is not suitable for conducting the technical assaying.

11.8    RPAH is not liable for the incorrect information provided by the client.

11.9. All limitations and exclusions of liability stipulated for RPAH have also been stipulated on behalf of RPAH’s authorized persons, associates and auxiliary staff, including in the event of gross negligence and intent.

11.10. The Client will indemnify RPAH against any claim of third parties for compensation of damages and/or costs for which RPAH is not liable under the agreement with the Client.

11.11. RPAH is never liable for the quality and representativeness of the samples or objects to be analyzed by RPAH.

12. Unforeseen circumstances

12.1. RPAH will never incur liability as a result of its inability to perform its obligations towards the Client by reason of unforeseen circumstances preventing the normal performance of operations, such as war, hostilities, fire or other forms of destruction, failures, accidents or interruptions of any kind, strikes, government measures, etc. In addition, RPAH will not incur liability as a consequence of the inability of third parties to perform their obligations by means of unforeseen circumstances as indicated above.

13. Termination or suspension by the Client

13.1. If the Client prematurely terminates the agreement, the Client will compensate RPAH for all work carried out, materials purchase, profit loss and other damage suffered by RPAH. The profit loss will in such case be deemed equal to 20% of the agreed price.

13.2. In the event RPAH agrees to a request of the Client to suspend performance of the assignment for a particular period, RPAH is entitled to charge the Client for the additional costs which are the result of such suspension.

13.3.  In the event client is making the request to change the performance date of the assignment then it should be subject to the payment of rescheduling charges.

14. Whole or partial termination

14.1. In the event that:

a. the client fails to perform its obligations or to perform them in time or properly as per the agreed date, time & location or incorrect details.

b. the Client is facing proceeding of criminal case or a criminal case is pending against him, or a FIR is registered and pending in any of the police station. The Client is placed under legal guardianship or his property or any part thereof is seized before judgment or under a writ of execution;

14.2. RPAH will have the right, merely upon occurrence of any of the above events, to consider the agreement terminated in whole or in part by operation of law with immediate effect, without the need for juridical recourse, without prejudice to its right to compensation for damages and costs.

14.3. Any claims which RPAH may have or come to have as a consequence of termination of the assignment, including any claims for compensation of damages and costs, will fall due immediately and in their entirety.

15. Disputes and Applicable Law

15.1. The accomplishment and performance of the assignment and any further agreement arising there from will be governed exclusively by local law.

The details and contents provided in this website are for information purpose only, the RPAH reserves the right to change, alter or modify the information provided in this website without prior information and notice.

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